2003-02-20_ENFORCEMENT - M2003002 (5)

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L J DEVELOPMENT, INC. 159 TIFFANY CT. PUEBLO, CO 81005 February 19, 2003 Mr Tony Waldron Division of Minerals and Geology 1313 Sherman Street, Room 215 Denver, Colorado 80203 Re: Ghost River Gravel Pit, M- 2003 -002 Reason to Believe Violation Action Dear Mr. Waldron: RECEIVED FEB ", 3, ^003 Division of Minerals and Geology There was never any intention of violating C.R.S. 34- 32.5- 109(1) by the parties to this operation when they began crushing the stockpile of existing abandoned gravel and overburden. They believed that making road base for their projects on property they owned, including primary roads, was acceptable and legal. After they received their Huerfano County Special Use Permit, signed and dated December 18, 2902, they felt they could proceed to make road base for the roads on their project. Then they submitted the application for a 110c Permit with DMG to enable them to provide future home owners an opportunity to purchase material from them for their personal driveways. They knew full well that to sell any product would require a reclamation permit from the State of Colorado DMG. They have duly notified adjacent landowners and ran the required Public Notice in the Huerfano World, which is the newspaper serving the area. They started making road base from an old stockpile left by a previous operation, which we assumed was a pre -law pit. They have included this previously disturbed area in the mining and reclamation plan, and will bond it with the balance of the permit area. When mining and reclamation are finished, this will leave the site in better shape and the scar from the pre -law operation will be reclaimed with the balance of the permit area. There has been no processing on the site since the day that you came to inspect the site on the 6t' of February 2003. They shut down all operations immediately until this misunderstanding is resolved. Sincerely, Lloy V. `Buck" Barn rt Consultant For Stone Cliff Investments cc: Ronald W. Cattany PHONE ( 719 ) 240 -9424 FAX ( 719 ) 564 -3088